State v. Yodsnukis

VANDE WALLE, Justice.

Joseph Wayne Yodsnukis was tried by a jury and convicted of robbery. He appeals to this court from the conviction and from the district court’s denial of his motion for new trial. We reverse the district court’s denial of his motion and remand to the district court for a new trial.

On September 22, 1977, at approximately 8 p. m., a man robbed Fat Albert’s restaurant in Grand Forks, North Dakota, of $115. The culprit handed an employee a note stating that he had a gun, that he wanted money, and that an accomplice was waiting in a car outside the restaurant with a rifle. The…